Tuesday, March 27, 2018

SCOTUS federal appealability case

Today Chief Justice Roberts pens Hall v. Hall for a unanimous court, reversing the 3d Circuit and holding:
When one of several cases consolidated under Rule 42(a) is finally decided, that decision confers upon the losing party the immediate right to appeal, regardless of whether any of the other consolidated cases remain pending.
This decision does not mean that district courts may not consolidate cases for all purposes in appropriate circumstances. But constituent cases retain their separate identities at least to the extent that a final decision in one is immediately appealable by the losing party.